On July 27, 2011 Sample Clauses

On July 27, 2011. If, on July 27, 2011, (i) PubliCARD exists as a going concern and (ii) PubliCARD holds capital stock of Infineer (and Infineer exists as a going concern) or capital stock of TecSEC (and TecSEC exists as a going concern), for purposes of Section 5.1, PubliCARD shall be deemed to have sold such capital stock of Infineer and TecSEC so held by it on July 27, 2011 for its fair market value (“Deemed Net Proceeds”), as reasonably determined by the Board of Directors of PubliCARD and agreed to by the PBGC. At the request of PBGC, PubliCARD shall provide to PBGC information in its possession deemed relevant to confirming the fair market value of such capital stock. Such Deemed Net Proceeds shall be added to Net Proceeds under Section 2.1 for purposes of determining the amount of additional payments to the PBGC, if any.
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